Author's Declaration

as the sole author and owner of all copyrights on the photo art work titled (identified) ……………………………………………… (hereinafter referred to as “Work”) give the following declaration (hereinafter referred to as “Declaration”) on the place and at the date mentioned below, which declaration shall be deemed as an irrevocable unilateral commitment as follows:

I declare that I am fully aware and I accept the competition terms of the international photo  tender called “Photo competition for the Decade of Roma Integration” organised by Open Society Institute (hereinafter referred to as OSI) and Open Society Archives at the Central European University (hereinafter referred to as OSA Archivum). I declare furthermore that I am fully aware that OSI and OSA Archivum intends to exhibit, to communicate to the public, to publish in book form and to use in other ways the above defined Work tendered by me to the competition.

I hereby represent and warrant to OSI, OSA Archivum and other third parties acquiring any rights, licenses or authorizations on any use of my Work according to this Declaration, that the Work constitutes my own independent original and individual copyrighted creation and there is not any third party whose legitimate right, title or interest would obstruct or restrict the exercise of the rights, licenses or authorizations acquired by OSI, OSA Archivum according to this Declaration as well as those acquired by any third party assignees or sub-licensees of OSI or OSA Archivum. Accordingly I hereby undertake to indemnify and keep OSI and OSA Archivum and their third party assignees and sub-licensees continuously indemnified against any claims of any third parties arising from the use of the Work carried out by OSI or its assignees or sub-licensees according to this Declaration, should such claims be based on either so-called authors’ economic or moral rights or any other proprietary rights or general personal/moral rights.

I hereby represent and warrant to OSI and OSA Archivum that the photo models appearing on the Work have duly consented to the depiction; the Work has been shown to the photo models and they have granted their above consent accordingly. Accordingly I hereby undertake to indemnify and keep OSI and OSA Archivum and their third party assignees and sub-licensees continuously indemnified against any claims of any third parties arising from any breach of the above warranty. I undertake in such a case that I will do all necessary steps in order to obtain the consent of the photo models.

By signing this Declaration I hereby irrevocably grant a non-exclusive further licensable license to OSI and OSA to use the Work for non-profit purposes without any limitation concerning time, territory or volume of use, but limited to the use of the Work solely in the framework and for the purposes of the competition, with respect to the following rights:

• right of reproduction of the Work in whole or in parts either on any analogous or digital carrier or medium, either finally or temporarily, carried out directly or indirectly, including the right of making sound or video recording of the Work and the reproduction of the Work in catalogues, short guides, other possible promotional publications, printed or electronic media and press, collections of works, databases and multimedia works;
• right of distribution of the Work or any reproductions thereof on any carrier or medium whatsoever, either digital or analogous, including but not limited to the distribution of the Work on any type of sound or video carriers, catalogues, short guides and other possible promotional publications carried out on any type of carriers, as well as in printed or electronic media and press, collections of works, databases and multimedia works embodied in any type of carriers either digital or analogous;
• right of communication to the public of the Work in any technical way, including the analogous or digital terrestrial, satellite broadcasting or cable transmission, as well as on demand on-line communication of the Work to the public via any computer networks (for example Internet) or other telecommunications networks, also including the right to retransmit the broadcast Work by way of re-broadcasting or cable or IP TV systems;
• rights of exhibition of the Work, including the display of reproduced copies of the Work either on analogous or digital carriers, television screens or shirting screen or terminals.

I hereby declare that the use of my Work other then it is determined in the present Declaration shall be subject of a separate agreement.

In order that this Declaration would enter into force appropriately I also undertake that I shall give all such additional declarations or statements, either verbal or written, on the cost and according to the request of OSI and OSA that may become necessary under any jurisdiction in order to have the entire content of this Declaration acknowledged as fully valid and enforceable in that respective country where the Work is used.

I hereby declare that I maintain my right to have my name indicated on and in connection with the Work.

I hereby finally and irrevocably grant consent to OSI and OSA Archivum to collect, store, manage and transmit my data solely according to the conditions specified and to the extent and time required by the competition, that is: a) during the exhibition of the photos, including the winning photos; and for b) a fixed term of three years.  I may allow OSI and/or OSA Archivum to disclose my contact data on a case-by-case basis to third parties only with my prior express consent of or that of my legal guardian.

I acknowledge that my entry in the competition takes effect subject to the reception by OSI (H-1051 Budapest, 12 October 6. utca, Hungary) of my present Declaration duly signed by me, my parent or legal guardian (if I am under the age of the legal competency according to my personal jurisdiction) and two witnesses in printed form.  I acknowledge that the present Declaration shall be printed and signed by me according to the above and sent back to OSI by post [H-1051 Budapest, 12 October 6. utca, Hungary ] or by facsimile [(+361) 327-3260].

I hereby acknowledge the Hungarian law as applicable law concerning the interpretation of the present Declaration and the licenses granted according to this Declaration. In the event of any legal dispute arising from or in connection with the present Declaration, which should not be possible to be amicably resolved between myself and OSI and/or OSA I accept the exclusive jurisdiction of the Hungarian Metropolitan Court.

The present Declaration has been signed by my own free will in every detail.

In the event that according to the applicable rules in the jurisdiction of my residency I am under the age of competency to undertake legal obligations on my own, then I hereby acknowledge, that my parent(s) or legal guardian has consented to my participation in the competition and agreement to this Declaration by duly executing this printed form.

Place: ……………………………………

Date:  …………… ………………, 2008

Author:

I am the parent or legal guardian of the minor child whose signature appears herein and I hereby give my consent to the child’s entering the competition and providing all personal data requested by the competition and to his or her executing this Declaration.

Place:…………………………………………

Date: …………………………………………

Parent:

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